INDIANAPOLIS -- The actions of a Franklin police detective police said of drank on the job and gave booze to underage informants could put the prosecution of dozens of drug cases at risk.
Officer Bryan Burton was demoted and placed on a 45-day suspension earlier this month for violating eight different parts of the department's code of conduct by having sexually suggestive conversations with female informants and failure to report an accident.
Franklin Mayor Fred Paris said Burton was undercover for two years on a drug detail and did not have enough supervision.
Burton is the lead detective on 66 of 79 drug cases currently pending in Johnson County, 6News' Derrik Thomas reported.
Prosecutor Brad Cooper said he's concerned Burton's situation could hamper the legal process.
"I don't have him available as a witness. If there are cases coming up for trial in the next couple of weeks, we are going to have to postpone those cases or resolve them in some other manner short of having him come in and testify," he said.
Defense attorneys are also questioning Burton's credibility.
Andrew Baldwin has 10 ten clients with cases involving the former detective.
"Did Bryan Burton do something that affected the evidence? Is he lying? Is he exaggerating?" he asked. "Alcohol affects your judgment. Yes, if he's drinking on the job, that absolutely can affect his judgment, his version of what's going on, and that's a problem."
Burton's suspension is unpaid. He can reapply for a detective position in a year if he undergoes an alcohol evaluation program.
Wednesday, March 24, 2010
Monday, March 22, 2010
Guess not even Frank Can cover his Own!!
INDIANAPOLIS -- A Marion County sheriff's deputy whose two pit bulls attacked and injured a man earlier this month was charged Monday with four misdemeanors in the case.
Shawn Middleton, 25, was charged with two counts of dog bite causing serious bodily injury and two counts of harboring a non-immunized dog in the attack on James Bates, 23.
One of the dogs involved was adopted from the Humane Society of Indianapolis on Jan. 8 and was killed when an officer shot the animal during the March 4 attack in the 5900 block of Grandview Drive.
The other pit bull was also shot and was later put down. Neighbors called just days after the adoption to report aggressive dogs.
In an interview last week, HSI Director John Aleshire said the dog showed no signs of aggression before it was adopted, but that was disputed in the police report.
Shawn Middleton, 25, was charged with two counts of dog bite causing serious bodily injury and two counts of harboring a non-immunized dog in the attack on James Bates, 23.
One of the dogs involved was adopted from the Humane Society of Indianapolis on Jan. 8 and was killed when an officer shot the animal during the March 4 attack in the 5900 block of Grandview Drive.
The other pit bull was also shot and was later put down. Neighbors called just days after the adoption to report aggressive dogs.
In an interview last week, HSI Director John Aleshire said the dog showed no signs of aggression before it was adopted, but that was disputed in the police report.
The Shit is getting DEEP!!!
MCCORDSVILLE, Ind. -- The business partner of embattled investment manager Tim Durham is accused of hitting his wife and son during a domestic dispute.
James F. Cochran, 54, was arrested at the family's McCordsville home Saturday morning on preliminary charges of battery resulting in bodily injury and domestic battery.
Susan Cochran told police that she and her husband were arguing when he grabbed her by the arms and threw her into a wall, causing her to hit her head.
The couple's son, James R. Cochran, 21, said he came into the room to try and protect his mother, and that his father pushed him and punched him in the eye, telling him "I'm going to [expletive] kill you."
James F. Cochran, who appeared to have a cut to the face in his mug shot, denied that any assault took place, and told police that he tripped and fell.
Cochran co-owns the Ohio investment company Fair Financial with Indianapolis-based businessman Durham. Federal investigators are looking into questions the men misused investors' money.
No charges have been filed in that case.
James F. Cochran, 54, was arrested at the family's McCordsville home Saturday morning on preliminary charges of battery resulting in bodily injury and domestic battery.
Susan Cochran told police that she and her husband were arguing when he grabbed her by the arms and threw her into a wall, causing her to hit her head.
The couple's son, James R. Cochran, 21, said he came into the room to try and protect his mother, and that his father pushed him and punched him in the eye, telling him "I'm going to [expletive] kill you."
James F. Cochran, who appeared to have a cut to the face in his mug shot, denied that any assault took place, and told police that he tripped and fell.
Cochran co-owns the Ohio investment company Fair Financial with Indianapolis-based businessman Durham. Federal investigators are looking into questions the men misused investors' money.
No charges have been filed in that case.
Friday, March 5, 2010
Looks the End of the Road for Some Sleezy Cop!!!
INDIANAPOLIS -- An Indianapolis police major suspended amid a federal investigation is expected to resign from the department and leave his seat on the City-County Council.
Indianapolis Public Safety Director Frank Straub told 6News' Jack Rinehart that he will meet with Maj. Lincoln Plowman and his attorneys Monday afternoon to accept the resignation.
Plowman was placed on administrative leave in early February after he refused to answer questions from FBI agents who came to his office, prompting an internal investigation, sources told Rinehart.
Under department policy, employees cannot refuse to cooperate in an investigation.
Plowman, a 23-year police veteran, works in the chief's office under the deputy chief for administration and commands the department's volunteer reserve division.
He also serves on the City-County Council as a Republican representing District 25 in Franklin Township.
Sources told Rinehart on Friday that Republican leadership on the council has contacted their members, indicating Plowman's resignation could come as early as Monday.
Plowman has been linked politically with millionaire investor Tim Durham, whose companies are at the center a fraud investigation by the FBI, but officials would not disclose the nature of the investigation involving Plowman.
Plowman and his attorney did not return calls for comment on Friday.
Indianapolis Public Safety Director Frank Straub told 6News' Jack Rinehart that he will meet with Maj. Lincoln Plowman and his attorneys Monday afternoon to accept the resignation.
Plowman was placed on administrative leave in early February after he refused to answer questions from FBI agents who came to his office, prompting an internal investigation, sources told Rinehart.
Under department policy, employees cannot refuse to cooperate in an investigation.
Plowman, a 23-year police veteran, works in the chief's office under the deputy chief for administration and commands the department's volunteer reserve division.
He also serves on the City-County Council as a Republican representing District 25 in Franklin Township.
Sources told Rinehart on Friday that Republican leadership on the council has contacted their members, indicating Plowman's resignation could come as early as Monday.
Plowman has been linked politically with millionaire investor Tim Durham, whose companies are at the center a fraud investigation by the FBI, but officials would not disclose the nature of the investigation involving Plowman.
Plowman and his attorney did not return calls for comment on Friday.
Monday, February 22, 2010
ITS ABOUT TIME SPEARS WAS OUT!!
INDIANAPOLIS -- The Indianapolis Metropolitan Police Department will soon have a new leader, Mayor Greg Ballard's office confirmed Monday morning.
Paul Ciesielski, the department's northwest district commander and a 23-year veteran of the department, will be named chief this week, 6News' Jack Rinehart reported.
"I'm very humbled, very excited. I'm ready to go," Ciesielski told Rinehart on Monday. "As far as my plans and vision goes, I'll wait until (the officials announcement on) Thursday to talk about that. Right now, I just want to thank Chief (Michael) Spears for the service he has given."
Ciesielski will replace Spears, who has been at that post since March 2005, and oversaw the merger of Indianapolis police with the Marion County Sheriff's Department.
Spears said he wasn't made aware of the move until after he, Mayor Greg Ballard and Public Safety Director Frank Straub presided over the swearing in of the department's newest recruit class Monday morning.
"I suppose someone in my position, you're never surprised because you serve at the pleasure of the mayor," he said.
Both Ballard and Straub praised Spears' work, but said Ciesielski's name surfaced during interviews that were conducted with focus groups from within the department and in interviews with individual officers.
"When you hear across the department the recognition of his talent, when you hear from the faith-based community talks about his talents, you hear from the community generally about his talents, and I'm sure when you spend some time with him, I'm sure you'll see he's a very energetic and thoughtful person," Straub said.
Straub, in his office for just seven weeks, is an advocate of community policing and aggressive enforcement in high crime areas.
"What I think is interesting is that he (Ciesielski) comes from within IMPD, and Public Safety Director Frank Straub comes from outside IMPD," 6News' political contributor Hakim-Shabazz said. "There had been a question of, 'Do you bring an outsider to take over for the chief and can the outsider do as well?' I think it makes a lot of the rank-and-file officers feel secure."
Ciesielski's wife, Donna, is also a member of the department -- a 25-year veteran officer who currently works an organized crime detail.
An official announcement is expected to happen on Thursday. It was not immediately known what role Spears will take.
Paul Ciesielski, the department's northwest district commander and a 23-year veteran of the department, will be named chief this week, 6News' Jack Rinehart reported.
"I'm very humbled, very excited. I'm ready to go," Ciesielski told Rinehart on Monday. "As far as my plans and vision goes, I'll wait until (the officials announcement on) Thursday to talk about that. Right now, I just want to thank Chief (Michael) Spears for the service he has given."
Ciesielski will replace Spears, who has been at that post since March 2005, and oversaw the merger of Indianapolis police with the Marion County Sheriff's Department.
Spears said he wasn't made aware of the move until after he, Mayor Greg Ballard and Public Safety Director Frank Straub presided over the swearing in of the department's newest recruit class Monday morning.
"I suppose someone in my position, you're never surprised because you serve at the pleasure of the mayor," he said.
Both Ballard and Straub praised Spears' work, but said Ciesielski's name surfaced during interviews that were conducted with focus groups from within the department and in interviews with individual officers.
"When you hear across the department the recognition of his talent, when you hear from the faith-based community talks about his talents, you hear from the community generally about his talents, and I'm sure when you spend some time with him, I'm sure you'll see he's a very energetic and thoughtful person," Straub said.
Straub, in his office for just seven weeks, is an advocate of community policing and aggressive enforcement in high crime areas.
"What I think is interesting is that he (Ciesielski) comes from within IMPD, and Public Safety Director Frank Straub comes from outside IMPD," 6News' political contributor Hakim-Shabazz said. "There had been a question of, 'Do you bring an outsider to take over for the chief and can the outsider do as well?' I think it makes a lot of the rank-and-file officers feel secure."
Ciesielski's wife, Donna, is also a member of the department -- a 25-year veteran officer who currently works an organized crime detail.
An official announcement is expected to happen on Thursday. It was not immediately known what role Spears will take.
Wednesday, February 3, 2010
When will It Stop and When will Spears be held accountable
INDIANAPOLIS -- An Indianapolis police officer was charged Wednesday with five felony counts in connection with a rape accusation made over the weekend.
Courtney Harris, 33, pleaded not guilty to charges of sexual misconduct, criminal confinement, intimidation, official misconduct and obstruction of justice during an initial court appearance on Wednesday.
Prosecutors said Harris had sex with a 26-year-old woman while he was on duty Saturday.
The woman told investigators that she encountered Harris near 10th and Rural streets and that he followed her, grabbed her and took her to an area near an abandoned warehouse, where he had sex with her.
According to court documents, Harris gave the woman $12 and told her that's all the encounter was worth.
"The incident involving police Officer Courtney Harris is inconsistent with the values and integrity of the officers who serve at the (Indianapolis Metropolitan Police Department)," Chief Michael Spears said in a news release. "Officer Harris' action tarnished the department and broke the trust that the community has placed in the police department."
Authorities said Harris admitted having sex with the woman but said that the encounter was consensual.
Marion County Prosecutor Carl Brizzi said his office is still investigating.
"The one charge we did not file, because we are awaiting fuhrer evidence ... is rape. The thing we want to be sure about is the force element," he said.
The woman has a criminal past, including charges related to prostitution, drugs and criminal recklessness.
Harris' attorney, Terrance Kinard, said the there should not be a rush to judgment.
"Most people don't want to go to jail. It wouldn't be out of the realm of possibility for her to make those statements simply because she didn't want to go to jail," he said.
Indianapolis police Lt. Jeff Duhamell said Monday that Harris, a six-year veteran of the department, had been recommended for termination. Harris was being held Wednesday in the Marion County Jail on $50,000 bond.
Courtney Harris, 33, pleaded not guilty to charges of sexual misconduct, criminal confinement, intimidation, official misconduct and obstruction of justice during an initial court appearance on Wednesday.
Prosecutors said Harris had sex with a 26-year-old woman while he was on duty Saturday.
The woman told investigators that she encountered Harris near 10th and Rural streets and that he followed her, grabbed her and took her to an area near an abandoned warehouse, where he had sex with her.
According to court documents, Harris gave the woman $12 and told her that's all the encounter was worth.
"The incident involving police Officer Courtney Harris is inconsistent with the values and integrity of the officers who serve at the (Indianapolis Metropolitan Police Department)," Chief Michael Spears said in a news release. "Officer Harris' action tarnished the department and broke the trust that the community has placed in the police department."
Authorities said Harris admitted having sex with the woman but said that the encounter was consensual.
Marion County Prosecutor Carl Brizzi said his office is still investigating.
"The one charge we did not file, because we are awaiting fuhrer evidence ... is rape. The thing we want to be sure about is the force element," he said.
The woman has a criminal past, including charges related to prostitution, drugs and criminal recklessness.
Harris' attorney, Terrance Kinard, said the there should not be a rush to judgment.
"Most people don't want to go to jail. It wouldn't be out of the realm of possibility for her to make those statements simply because she didn't want to go to jail," he said.
Indianapolis police Lt. Jeff Duhamell said Monday that Harris, a six-year veteran of the department, had been recommended for termination. Harris was being held Wednesday in the Marion County Jail on $50,000 bond.
Friday, January 22, 2010
Another Corrupt Prsecutor running for office
This is the third in what's become series of posts about outgoing Marion County Prosecutor Carl Brizzi and members of his cabinet. (Yesterday, this blog had items about Brizzi's fundraising in 2009, before his announcement last week that he wouldn't seek re-election, and the party loyalty of Helen Marchal, Brizzi's former chief of staff and now Republican candidate for his job.)
Now, let's turn to David Wyser, Brizzi's chief trial deputy. He's running for Hamilton County prosecutor as a Republican. At the same time, he is continuing to work in his Marion County job, in which he focuses on trial strategy, participating in some high-profile cases at various stages and sometimes meeting with deputy prosecutors to review their cases before trial.
Marchal and Wyser both faced a difficult question when they decided to run, but they came up with different answers -- which led to Marchal resigning her post upon announcing her candidacy last week and led Wyser to stay put. They both faced potential conflicts because of the federal Hatch Act. The law bars local and state agency employees from seeking partisan elective office if they "work in connection with programs financed in whole or in part by federal loans or grants." Marchal said her connection was unmistakable, since she had helped apply for federal grants and oversaw programs and staff funded by them.
This week, I put the question to Wyser: Why doesn't the Hatch Act apply to him?
The rules aren't quite clear-cut, but the stakes are high: If a candidate makes the wrong call, his or her agency could lose out on money, and the candidate could be disqualified from office. (You can read more about the Hatch Act's restrictions at the U.S. Office of Special Counsel website.) Wyser's response is after the jump.
Here's what Wyser told me: As chief trial deputy, he isn't the supervisor of any federally-funded programs and oversees deputy prosecutors' trial work, but not the employees themselves. If any of their work is paid for in part by federal grants, Wyser said, his own connection to the money is merely casual. "Not only did I look into it, but I consulted with one of the leading experts on the Hatch Act in the country," he told me. "I don't need to do anything different than what I've been doing."
I called the expert Wyser cited, James Bopp Jr., a Terre Haute lawyer involved in a lot of high-profile cases involving partisan issues. Among his clients was Terre Haute Mayor Duke Bennett, whose opponent, former Mayor Kevin Burke, launched a Hatch Act challenge based on Bennett's work for a mental health nonprofit agency that received federal funding for its Head Start program. A local judge ruled Bennett eligible, the Indiana Court of Appeals disagreed, and then the Indiana Supreme Court reversed, allowing Bennett to retain the office.
Bopp told me that, in his estimation, Wyser interacts so infrequently with prosecutors participating in federally funded programs that the connection is "de minimis." "I do believe, as I advised him, that he is not 'Hatched' -- that he is not prevented from running for office. I think he's sufficiently removed from any federal funds that are used in the office that he can do this."
It remains to be seen whether Democrats or any eventual opponents will press Wyser further on the issue.
Now, let's turn to David Wyser, Brizzi's chief trial deputy. He's running for Hamilton County prosecutor as a Republican. At the same time, he is continuing to work in his Marion County job, in which he focuses on trial strategy, participating in some high-profile cases at various stages and sometimes meeting with deputy prosecutors to review their cases before trial.
Marchal and Wyser both faced a difficult question when they decided to run, but they came up with different answers -- which led to Marchal resigning her post upon announcing her candidacy last week and led Wyser to stay put. They both faced potential conflicts because of the federal Hatch Act. The law bars local and state agency employees from seeking partisan elective office if they "work in connection with programs financed in whole or in part by federal loans or grants." Marchal said her connection was unmistakable, since she had helped apply for federal grants and oversaw programs and staff funded by them.
This week, I put the question to Wyser: Why doesn't the Hatch Act apply to him?
The rules aren't quite clear-cut, but the stakes are high: If a candidate makes the wrong call, his or her agency could lose out on money, and the candidate could be disqualified from office. (You can read more about the Hatch Act's restrictions at the U.S. Office of Special Counsel website.) Wyser's response is after the jump.
Here's what Wyser told me: As chief trial deputy, he isn't the supervisor of any federally-funded programs and oversees deputy prosecutors' trial work, but not the employees themselves. If any of their work is paid for in part by federal grants, Wyser said, his own connection to the money is merely casual. "Not only did I look into it, but I consulted with one of the leading experts on the Hatch Act in the country," he told me. "I don't need to do anything different than what I've been doing."
I called the expert Wyser cited, James Bopp Jr., a Terre Haute lawyer involved in a lot of high-profile cases involving partisan issues. Among his clients was Terre Haute Mayor Duke Bennett, whose opponent, former Mayor Kevin Burke, launched a Hatch Act challenge based on Bennett's work for a mental health nonprofit agency that received federal funding for its Head Start program. A local judge ruled Bennett eligible, the Indiana Court of Appeals disagreed, and then the Indiana Supreme Court reversed, allowing Bennett to retain the office.
Bopp told me that, in his estimation, Wyser interacts so infrequently with prosecutors participating in federally funded programs that the connection is "de minimis." "I do believe, as I advised him, that he is not 'Hatched' -- that he is not prevented from running for office. I think he's sufficiently removed from any federal funds that are used in the office that he can do this."
It remains to be seen whether Democrats or any eventual opponents will press Wyser further on the issue.
Thursday, January 14, 2010
Ok Brizzi's corrupt is Out..When will Spears GO???
Marion County Prosecutor Carl Brizzi is out -- and his chief of staff, Helen Marchal, will seek the Republican nomination for prosecutor this year in his place.
Brizzi announced late this morning via a written statement that he would not seek a third term in office in this November’s election.
Soon after, Marchal, a career prosecutor, issued a news release announcing her candidacy.
"This decision was not an easy one," Brizzi said in a letter to the community, "but after serving as prosecutor for the last seven years, I have wrestled with the question of whether I could make a commitment to serve an additional five years. ... I am still incredibly passionate about the job we do and our commitment to a victim centered philosophy that criminals have a choice and victims don't. I could not be any prouder of our accomplishments over the past seven years."
Marchal has worked more than a dozen years as a deputy prosecutor under Brizzi and predecessor Scott Newman, including the last three years as Brizzi's chief of staff. She has been a key behind-the-scenes player in his administration, overseeing a staff of nearly 400, managing the office's budget and coordinating criminal-justice programs.
“I’ve devoted my time in the prosecutor’s office to making the community safer by ensuring that we hold criminals accountable," Marchal said in the news release. "We’ve worked to punish violent offenders without apology." She added: "We must continue victim-centered prosecution and work every day to help victims through the process and fight to bring justice and restore their sense of security."
Marchal also is the Republican half of a bipartisan marriage -- her husband, Marion Superior Court Commissioner Jeffrey Marchal, is a Democrat.
She resigned her position as chief of staff late Tuesday, Brizzi said, because of concerns that running for office while overseeing programs that receive federal grant money could run afoul of the federal Hatch Act.
Brizzi’s announcement of his intentions comes at the last minute for his party – on the last day other candidates can register for the Marion County GOP’s February slating convention, in which party insiders make endorsements for the primary. The delayed announcement also leaves Marchal at an early fundraising disadvantage.
Since last summer, Democrats Terry Curry, Greg Bowes -- the Marion County assessor -- and former state Rep. David Orentlicher have been campaigning for their party's nomination for prosecutor.
Brizzi, 41, was first elected prosecutor in 2002 and was re-elected in 2006, beating Democrat Melina Kennedy by just over three percentage points in a year when Democrats won other countywide races on the ballot. He may have faced a tough re-election battle this year.
He also had been stung by a recent financial scandal involving a close friend. Timothy Durham, his finance chairman and largest donor in 2006, faced accusations in November that his companies were involved in a Ponzi scheme to defraud investors. The FBI raided the offices of two of Durham's companies, Ohio-based Fair Financial and Downtown Indianapolis-based Obsidian Enterprises.
No criminal charges have resulted, but Brizzi has defended himself against criticism of his associations with Durham.
Brizzi touted accomplishments including high conviction rates for murder and drug prosecutions, online sex sting investigations organized by his office and a mentoring program matching staffers with at-risk children at five schools.
"I will continue to work hard for the best interests of our community and make 2010 another banner year for our office," Brizzi's letter says.
Brizzi announced late this morning via a written statement that he would not seek a third term in office in this November’s election.
Soon after, Marchal, a career prosecutor, issued a news release announcing her candidacy.
"This decision was not an easy one," Brizzi said in a letter to the community, "but after serving as prosecutor for the last seven years, I have wrestled with the question of whether I could make a commitment to serve an additional five years. ... I am still incredibly passionate about the job we do and our commitment to a victim centered philosophy that criminals have a choice and victims don't. I could not be any prouder of our accomplishments over the past seven years."
Marchal has worked more than a dozen years as a deputy prosecutor under Brizzi and predecessor Scott Newman, including the last three years as Brizzi's chief of staff. She has been a key behind-the-scenes player in his administration, overseeing a staff of nearly 400, managing the office's budget and coordinating criminal-justice programs.
“I’ve devoted my time in the prosecutor’s office to making the community safer by ensuring that we hold criminals accountable," Marchal said in the news release. "We’ve worked to punish violent offenders without apology." She added: "We must continue victim-centered prosecution and work every day to help victims through the process and fight to bring justice and restore their sense of security."
Marchal also is the Republican half of a bipartisan marriage -- her husband, Marion Superior Court Commissioner Jeffrey Marchal, is a Democrat.
She resigned her position as chief of staff late Tuesday, Brizzi said, because of concerns that running for office while overseeing programs that receive federal grant money could run afoul of the federal Hatch Act.
Brizzi’s announcement of his intentions comes at the last minute for his party – on the last day other candidates can register for the Marion County GOP’s February slating convention, in which party insiders make endorsements for the primary. The delayed announcement also leaves Marchal at an early fundraising disadvantage.
Since last summer, Democrats Terry Curry, Greg Bowes -- the Marion County assessor -- and former state Rep. David Orentlicher have been campaigning for their party's nomination for prosecutor.
Brizzi, 41, was first elected prosecutor in 2002 and was re-elected in 2006, beating Democrat Melina Kennedy by just over three percentage points in a year when Democrats won other countywide races on the ballot. He may have faced a tough re-election battle this year.
He also had been stung by a recent financial scandal involving a close friend. Timothy Durham, his finance chairman and largest donor in 2006, faced accusations in November that his companies were involved in a Ponzi scheme to defraud investors. The FBI raided the offices of two of Durham's companies, Ohio-based Fair Financial and Downtown Indianapolis-based Obsidian Enterprises.
No criminal charges have resulted, but Brizzi has defended himself against criticism of his associations with Durham.
Brizzi touted accomplishments including high conviction rates for murder and drug prosecutions, online sex sting investigations organized by his office and a mentoring program matching staffers with at-risk children at five schools.
"I will continue to work hard for the best interests of our community and make 2010 another banner year for our office," Brizzi's letter says.
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